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UNITED STATES OF AMERICA 



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Cable Address: " Xymerab, Xewyork." 



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GENERAL INFORMATION 



RELATING TO 



INDIAN PATENTS, 

DESIGNS, TRADE-MARKS, 

AND 

COPYRIGHTS. 



TOGETHER WITH THE FULL TEXT OF 



THE INVENTIONS AND DESIGNS ACT, 

1888. 



■ 

RICHARDS & CO., 
INTERNATIONAL PATENT SOLICITORS, 



38 Broadway, New York, U. S. A. 



55 — 

{-, NOVEMBER /, 1888. 



Copvright, i883, tfY RICHARDS & CO. All rights reserved. 



LIBRARY OF CONGRESS. 



(SjprjL :.„,._ <Sxqo|r£$i 1 * 

Shelf \.fA±2^ 

UNITED STATES OF AMERICA. 






Cable Address: " Nymerab, Newyork." 



Q 

z Strictly Private. For Patent Solicitors only. 

u 



CHARGES 



AND 



GENERAL INFORMATION 



RELATING TO 



INDIAN PATENTS, 



DESIGNS, TRADE-MARKS, 



COPYRIGHTS. 




TOGETHER WITH THE FULL TEXT OF 



THE INVENTIONS AND DESIGNS ACT, 

1888. 
/ 

RICHARDS & CO.. 

INTERNATIONAL PATENT SOLICITORS, 

38 Broadway, New York, U. S. A. 



NOVEMBER 1, 18SS. 



Copyright, 1888, by RICHARDS & CO. All rights reserved. 



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sP 



TO PATENT SOLICITORS. 



WE desire to call your attention to the fact, that we devote ourselves 
exclusively to the transaction of foreign business for Patent 
Solicitors. We neither solicit nor receive orders from inventors. 
We have direct agencies and correspondents in almost every country in 
the world that grants patent and trade-mark protection, and are prepared 
to attend to all manner of work in this line. 

We respectfully solicit your orders, and promise you promptness, 
fidelity and despatch in the transaction of any business that you may 
entrust to us. 

Re/ Service. — Our agents have been selected with the utmost care, 
and are, in every instance, the best and most reliable we have been able 
to find in their respective countries, and we can vouch for the proper 
and careful treatment of applications that they may prosecute. 

Re/ Charges. — We believe you will find our charges moderate and 
satisfactory. We are aware that in some instances our charges are some- 
what higher than those we have seen quoted by other agents. They are, 
however, as low as can be given and the best class of work secured. 

Re/ Documents, Powers of Attorney, Etc — We have in print 
blank powers of attorney for the principal foreign countries, which we 
furnish to Patent Solicitors without charge. We are always glad to 
advise and assist our clients in the preparation of any documents for 
foreign applications. 

RICHARDS & CO. 

38 Broadway, New York, U. S. A. 



PATENTS. 



LAW : -The Invention and Designs Act, 1888. 
The Patent covers the whole of British India, including- the newly-annexed possessions in Burrnah. 

CHARGES. 

Cost of Patent, all taxes paid for four years $50 00 



TAXES. 

Taxes payable yearly, counting from the date of application. 

Before the end of Fourth Year $27 50 

" Fifth. " 27 50 

" Sixth " 27 50 

" Seventh " 27 50 

" Eighth " 27 50 

" Ninth " 55 00 

" Tenth " 55 00 

" Eleventh " 55 00 

" Twelfth " 55 00 

" Thirteenth " 55 00 

If the inventor fails, from any cause, to pay the fees within the required time, the time may be 
extended for a period not exceeding three months. The fines payable to the government for such 
extension are— one month, 10 rupees ; two months, 25 rupees; tnree months, 50 rupees. Our charges 
for procuring extensions, including the above fines, are : 

Extension for one month, $15.00; for two months, $22.00; for three months, $32.00 

Amendments or disclaimers, including government fee $15 00 

Assignments, preparing and recording 10 00 

Who may obtain Patent. — The applicant must be the actual inventor, his assignee, 
executor or administrator. A mere importer cannot obtain a valid patent. The application 
must be filed in the office in Calcutta before the expiration of one year from the date of 
the acquisition of a Patent or other exclusive privilege in any place beyond the limits of 
British India and the United Kingdom of Great Britain, and before the invention has 
been publicly known or used either in India or Great Britain. In case a British Patent 
has been obtained, the Indian application may be filed at any time within one year from 
the date of the actual sealing of the British Patent, if the said invention was not publicly 
known or used in India at the time the application was made for the British Patent, 
notwithstanding any subsequent use or publication before the expiration of the time— a 
year from date of sealing— allowed for making the application in India. If a public use or 
knowledge of an invention has been obtained in fraud of an inventor, provided he has 
not acquiesced in the use, and applies for leave to file a Specification within six months 
of such use, the invention will be deemed new. An inventor himself, or his servant, 
agent or licensee, may use an invention in public, and the invention be deemed new if 
the application be lodged within a year from the commencement of such public use. 



6 INDIAN PATENTS. 

Duration. — The exclusive privilege is granted for fourteen years from the date upon 
which the specification is filed, subject to the payment of the prescribed taxes. An 
exclusive privilege in respect of an invention for which a Patent has been obtained in 
Great Britain will cease on the revocation or expiration of that Patent. If a Patent has 
not been obtained in Great Britain, the Indian exclusive privilege will cease on the revo- 
cation or expiration of any other prior foreign Patent or exclusive privilege. This latter 
restriction will seemingly oblige many inventors having Patents in countries where 
the grant is only for a short period, or the taxes heavy, to take out and maintain a British 
Patent, in order to insure the obtaining of the full term of the Indian privilege. Exten- 
sions of the duration of privileges are provided for by Sec. 15 of the law. The govern- 
ment fee for such extension is 100 rupees, equal to about $50.00. 

Time required to obtain Privilege. — Usually from seven to eight months. 

Assignments. — The papers should be prepared in duplicate (see forms 1, 8, and 9), 
and must be accompanied by a power of attorney from the assignee, authorizing the 
registration of such assignment, and the naming of a place in India where service of any 
rule, etc., maybe made. Assignments and licenses need not be authenticated by a Notary 
Public or Magistrate, but had better bear the signatures and addresses of two witnesses. 
The consideration expressed should be nominal. 

Working. — There are no conditions. 

Compulsory Licenses. — Powers similar to the English Act of 1883 are given to the 
government to insist on the grant of licenses on reasonable terms. 

Specifications under the New Act.— Should (a) set forth the precise invention 
claimed, (b) must distinguish between what (if anything) is old from what is claimed to 
be new, and (c) must explain the principle of the invention set forth therein, the best 
mode in which the applicant has contemplated applying that principle, and must describe 
the manner of making and using the invention in full, clear, concise and exact terms. 

Amendment of Specifications. — If an applicant has, through mistake or inad- 
vertence, erroneously made any mis-statement in his application or specification, or 
included therein something which, at the time of the delivery or receipt of his application, 
was not new, or whereof he was not the inventor, or if the specification is in any par- 
ticular, defective or insufficient, he may file an amended Specification on presentation of 
a petition (see forms 10 and 11) ; and, on showing that the error or defect or insufficiency 
was not fraudulently intended. The claims must not be in any way enlarged. 

Models.— The law provides that models may, in some cases, be required. If 
demanded, which will undoubtedly be very seldom, the dimensions will be indicated in 
the requisition. 

Time for filing Specifications. — After the filing of the petition and application, 
and obtaining leave to file the specification, six months are allowed within which to file 
same. This time may be further extended— not. however, exceeding three months — at 
the discretion of the Governor General in Council, on cause being shown to his satisfac- 
tion, and on payment of a tax of 20 rupees, about $9.00. 



DOCUMENTS REQUIRED TO OBTAIN PATENTS. 

Note.— The power of the agent in India lias been amplified under the new law, and he can now 
sign all the papers on behalf of an applicant, provided he be duly authorized to do so in his power of 
attorney. It is, however, always better to get the applicant himself to sign all the papers whenever it 
is possible to do so. 

Where the applicant is the assignee, an assignment must be furnished with the other papers. 
(See Forms 7 and 9 or 8 and 9.) 

Where the applicant is a Company or Corporation, the petition and all other papers must be signed 
by the chief officer or Secretary, and sealed with its seal. 

Where an English Patent has been obtained as a communication, the application should, neverthe- 
less, be made in the name of the inventor himself. In such cases it is absolutely necessary to furnish 
an assignment of the Indian rights from the English agent or other English applicant, to the applicant 
for the Indian privilege. 

It is most important that the Title of the invention should be described in exactly the same terms 
in all the papers. Where an English Patent exists, the title in the papers for Indian applications must 
correspond precisely therewith. 



INDIAN PATENTS. 7 

1. Petition with Application.— May be written on any paper. The simple 
signature of the applicant is sufficient. No witnesses or legalization necessary. 

2. Four extra copies of the Specifications.— May be written on any paper. 
One copy at least should be signed by the applicant. No witnesses or legalization neces- 
sary. All alterations or erasures must be initialed by the applicant. 

3. Fire copies of the Drawings. — These may be on any kind of paper, or on 
tracing cloth. If prepared on thin tracing paper, they should be mounted on thicker 
paper or cloth. Copies of drawings taken from the English blue books or photographs 
are accepted. 

4. Power of Attorney. — May be written on any paper. Must be signed bj r the 
applicant, whose signature should be attested by two witnesses, who should state their 
addresses. 

FORMS OF DOCUMENTS. 

Note.— Please note that there are two separate and distinct sets of forms. It is important that the 
correct forms he used in all cases. 

Forms l, 2 and 3 are to he used if a Patent has not been obtained in England, but may also be used 
if an application for a Patent in England is pending. 

Forms 3, 4 and 5 must be used where a Patent has already been obtained in England. 



FORM 1. 

PETITION OR APPLICATION. 

To 

THE GOVERNOR GENERAL IN COUNCIL : 

The application of {here insert name, occupation and address) 
for leave to file a Specification under Part I. of the Inventions 
and Designs Act, 18S8. 

1. The applicant is in possession of an invention for {state the title of the invention) ; he is the 
inventor thereof {or, as the case may be, the executor, administrator or assignee of the inventor) ; 
and, to the best of his information and belief, the invention is new within the meaning of Part I. of The 
Inventions and Designs Act, 1888, and no circumstance exists which, if the applicant is authorized to 
file a Specification, and files it in accordance with that Part, will disentitle him to an exclusive privilege 
thereunder in respect of the invention. 

2. The following is a description of the invention {here insert a copy of the complete specification.) 

3. The applicant, therefore, applies for leave to file a specification of the invention pursuant to 
Part I. of The Inventions and Designs Act, lsSS. 

{Signature.) 

I, the applicant above named, do declare that what is stated in the above application is true to my 
knowledge, except as to matters stated on information and belief, and as to those matters I believe 
them to be true. 

Dated day of is.... 

{Signature.) 

FORM 2. 
SPECIFICATION. 

Note.— Four extra copies required, and four copies of each drawing, if any, in addition to the 
copy drawing accompanying the application. 

To all whom it may concern : Be it known that I {liere insert name, occupation and address) am 
in possession of an invention for {state the title of tte invention), and I, the said (ftere insert the 
name), do hereby declare the nature of the said invention, and in what manner the same is to he per- 
formed, to be particularly described and ascertained in and by the following statement thereof, 
that is to say— 

The invention has for its object {here describe it full y with reference to the drawings, if any.) 
Witnesses : 

{Signature.) 



8 INDIAN PATENTS. 

FORM 3. 

POWER OF ATTORNEY. 

In the matter of Act No of 18 .... of the Legislative Council 

of India, and in the matter of {name, occupation and address) 
an Inventor. 

I, the above named (insert name), do hereby retain, constitute and appoint 

as my agent and attorney, to apply for and obtain from the Government of India an Exclusive Privilege 
or Letters Patent for (title of invention as per petition), and I authorize him to sign my name to such 
papers and writings, and do such acts, including the appointment of a substitute or substitutes, as may 
be necessary or expedient. 

Dated this day of is ... . 

Signed, sealed and delivered at ) 

in the presence of... ) (Signature.) [L. S.] 



FORM 4. 

(Forms 3, 4 and 5 are to be used when an English Patent exists.) 

PETITION OR APPLICATION. 

TO 

THE GOVERNOR GENERAL IN COUNCIL : 

The application of (here insert name, occupation and address) 
for leave to file a Specification under Part 1. of The Inventions 
and Designs Act, 188S. 

1. The applicant (or, as the case may be, A. B., of whom the applicant is the executor, adminis- 
trator or assign) has obtained a Patent in the United Kingdom dated and sealed as on the day 

of 18 and actually sealed on the day of is.... for (state the title 

of the invention). 

2. To the best of the information and belief of the applicant, the invention is new within the 
meaning of Part I of The Inventions and Designs Act, 1SS8, and no circumstance exists which, if the 
applicant is authorized to file a specification, and files it in accordance with that part, will disentitle 
him to an exclusive privilege thereunder in respect of the invention. 

3. The following is a description of the invention (here insert a copy of the complete specification). 

4. The applicant, therefore, applies for leave to file a specification of the invention pursuant to 
Part I. of The Lnventions and Designs Act, 1888. 

(Signature.) 

I, the applicant above named, do declare that what is stated in the above application is true to my 
knowledge, except as to matters stated on information and belief, and as to those matters I believe 
them to be true. 

(Signature.) 

Dated this day of is ... . 



FORM 5. 

SPECIFICATION. 

Note. —Four copies required, and four copies of each drawing, if any, in addition to the copy 
accompanying the application. 

To all whom it may concern: Be it known that I (here insert name, occupation and place ofresi- 
deme) am in possession of an invention for {state title of invention), and I, the said (here insert the 
name), do hereby declare the nature of the said invention, and in what manner the same is to be per- 
formed, to be particularly described and ascertained in and by the following statement thereof, that 
is to say : 

The invention has for its object (hei*e describe it fully with reference to the drawings, if any). 

Witnesses: 

(Signature.) 






INDIAN PATENTS. 9 

FORM 6. 

ASSIGNMENT. 

(From communicatee, or person who has obtained a Patent in England as a communication, to the 
inventor.) 

Whereas, I (here insert name, profession and address) have obtained a grant of Letters Patent in 

Great Britain, dated the day of 188.. .. No for (here insert title of the 

invention) as a communication from (here insert name, occupation, and address of the, inventor). And 
whereas, the said (inventor's name) is desirous of obtaining a Patent in British India for the said 
invention. Now, therefore, know ye that pursuant to request, and in consideration of the sum of five 
shillings paid to me (the receipt whereof is hereby acknowledged), I hereby assign, transfer and 
confirm unto the said (name of inventor), his executors, administrators and assigns, the whole right, 
title and interest in and to such Letters Patent to be obtained for the said invention from the Govern- 
ment of India, the same to be held and enjoyed by the said (inventor's name) to the end of the term or 
periods for which such Patent may be granted. 

In witness whereof, I, the said (name of communicatee), have hereunto set my hand and seal the 

day of 18.... 

Signed, sealed and delivered in the presence ) 

of (names of two witnesses with addresses y 

and occupations. ) (Signature.) [L. S.] 

FORM 7. 
ASSIGNMENT. 

(From an inventor who has obtained an English Patent to a Company or Corporation.) 

Whereas, I (here insert name, occupation and place of residence of the inventor), have obtained 

Her Majesty's Letters Patent No dated the day of 18 for (here insert 

title of the invention). Now, therefore, know ye that for and in consideration of the sum of five 
shillings to me in hand paid, the receipt of which is hereby acknowledged, I, the said (inventor's name), 
have assigned and transferred, and by these presents do assign and transfer unto (here insert 
the name of the Company, with address), hereinafter called the said Company, their successors and 
assigns, the whole right, title and interest in and to Letters Patent to be obtained for the said inven- 
tion from the Government of India, and all and singular the liberties, powers, privileges and 
advantages whatsoever appertaining or belonging thereunto, the same to be held and enjoyed by the 
said Company, their successors or assigns, to the full end of the term for which sucb Letters Patent 
may be granted, or any prolongation or extension thereof, as fully and entirely as the same could have 
been held and enjoyed by me had this assignment not been made. 

In witness whereof , I. the said (inventor's name), have hereunto set my hand and seal this day 

of 18.... 

Signed, sealed and delivered in the presence 

of (names and addresses of two witnesses). ) (Signature of Assignor.) [L. S. 

FORM 8. 

ASSIGNMENT. 

(From an inventor who has not obtained an English Patent to a Company or Corporation.) 

Whereas, I (here insert name, occupation, and place of residence of the inventor), am in possession 
of an invention for (here insert title of the invention). Now, therefore, know ye that for and in 
consideration of the sum of five shillings to me in hand paid, the receipt of which is hereby 
acknowledged, I, the said (inventor's name), have assigned and transferred, and by these presents do 
assign and transfer unto (here insert the name of the Uompamj, with address), hereinafter called the 
said Company. [End as in last Form.] 

FORM 9. 

POWER OF ATTORNEY. 

(From assignee to register an assignment of an Indian Patent after privilege secured.) 

In the matter of Section of Act No of IS of the 

Legislative Council of India, and in the matter of (liere insert 
name, occupation and address of inventor), an Inventor. 

I, (name of assignee), do hereby retain, constitute and appoint 

as my agent and attorney, for the purpose of registering an assignment to me dated the 

day of 18.... of the right to make, use, and vend, &c, in the Empire of India, an invention for 

(title of invention) secured by Indian Letters Patent, No of IS ... . granted to the above named 

(name of inventor or assignee), and I authorize him to sign my name to all acknowledgments or papers 
and do all acts necessary for giving effect to such assignment. I also request that all communications 
may be addressed to him at (leave blanlc space) Calcutta. 

Dated this day of is 

Signed, sealed and delivered at 



in the presence of ) (Signature.) [L. S.] 



10 INDIAN PATENTS. 

AMENDMENTS OF SPECIFICATIONS, OR DISCLAIMERS. 

FORM 10. 

PETITION. 

To 

THE GOVERNOR GENERAL IN COUNCIL : 

The petition of (here insert name, occupation and address) for 
leave to file an amended specification (or, as the case man i^. 

a disclaimer) under the provisions of Section of The 

Inventions and Designs Act, 1SSS. 
Showeth : 

That your petitioner has obtained (or as the case may be, become entitled to) an Exclusive Privilege 

No of IS in respect of an invention for (here state title of the invention), the specifications of 

•which were filed on the day of is 

That subsequent to the filing of such specifications your petitioner became aware (here set out the 
facts). Your peti'ioner represents that such statements were not fraudulently intended, and asks 
leave to amend his specification as follows (set out the desired alterations) : 

Your petitioner therefore prays for leave to file an amended specification of the invention pursuant 
to Part I. of The Inventions and Designs Act, isss. 

(Signature.) 

I, the petitioner above named, do declare that what is stated in the above petition is true to my 
knowledge, except as to matters stated on information and belief, and as to those matters, I believe 
them to be true. 

(Signature.) 
Dated the day of is.... 



FORM 11. 

FORM OF MEMORANDUM. 

In the matter of Exclusive Privilege No of is. ... of (7iei-< 

insert name, occupation and address of applicant) in respec 
of an invention for (here insert title of tJie invention). 

Memorandum of Amendment (or Disclaimer) entered by the inventor above named pursuant t« 

leave granted on the day of is ... . under Part I. of The Inventions and Designs Aci 

ISSS (here set out the alterations to be made). 

(Signature.) 
Dated the day of 18.... 



INDIAN DESIGN PATENTS. 11 



DESIGNS 



LAW :— The Inventions and Designs Act, 1888. 

Total Cost of Registration $25 00 

Who may obtain Registration. — Any person, whether a British subject or not, 
claiming to be* the proprietor of any new and original design not previously published in 
British India. The applicant must be the proprietor, which is interpreted to mean the 
author, unless he executed the work on behalf of another for a good or valuable con- 
sideration, in which case the person giving the consideration will be deemed the 
proprietor. The application may also be made by the executors, administrators or 
assigns of the " proprietor." 

Duration. — The exclusive right to apply a design to an article lasts for five years 
from the date of registration, provided that the word "registered," either in full or 
abbreviated, be marked on every article before sale. 

Marking of Designs.— Designs must be marked "registered" in full, or in an 
abbreviated form, or the copyright will cease unless the proprietor shall show that he 
took all reasonable steps to insure the marking of the same. 



DOCUMENTS REQUIRED TO OBTAIN REGISTRATION. 

1. Application. — May be written on any paper. The simple signature of the 
applicant is sufficient. 

2. Five Copies of drawings, photographs or tracings of the designs. No signatures 
necessary. 

3. Power of Attorney, signed by applicant and acknowledged before a Notary 
Public. The form is the same as for Letters Patent, except that the words "the Registra- 
tion of a Design " should be substituted for the words, "an Exclusive Privilege or Letters 
Patent." 

FORM OF APPLICATION. 

APPLICATION FOR ORDER FOR REGISTRATION OF DESIGN. 

ro 

THE GOVERNOR GENERAL IN COUNCIL : 

The application of {here, insert full name, occupation and address) 
for an order for the registration of a design under Part II. of 
The Inventions and Designs Act, 1888. 

1. The applicant claims to he the proprietor of the design of which the nature is hereinafter 
stated. 

2. To the best of his knowledge and helief, that design is within the meaning of Part II. of The 

Inventions and Designs Act, 1888— a new and original design not previously published in British India. 
3. Copies of (state whether drawings, pJvotograpTis or tracings) of the design accompany this 
pplication. 

4. The following is a statement of the nature of the design (here describe it). 

5. The applicant, therefore, applies for an order for the registration of the design, pursuant to 
Part II. of the Inventions and Designs Act, isss. 

The day of IS.... 

(Signature, all names in full.) 



12 INDIAN TRADE-MARKS. 



TRADE-MARKS. 

LAW :— Indian Kegistrations Act, 1877. 

Total Cost of Registration $17 50 

Who may obtain Registration.— The owner of a trade-mark, whether a person, 
firm or corporation. The registration may be effected at any time. 

Duration. — The protection is unlimited. Infringement of trade-marks is an uncom- 
poundable offence under the Indian Penal Code. 



DOCUMENTS REQUIRED TO OBTAIN REGISTRATION. 

1. Declaration. — Should be written on legal cap bookwise. The simple signature 
of the applicant is sufficient. 

2. Fiye representations of the trade-mark, any size. 

3. Power of Attorney. — May be written on any paper. Must be signed and 
acknowledged before a Notary Public. 



FORM OF DECLARATION. 

REGISTRATION OF TRADE-MARKS. 

I (here insert full name and address), carrying on business as (here state calling or business) do 
solemnly and sincerely declare that I am tlie owner and sole proprietor of trie following Trade-Mark. 
It consists of (here describe it in writing), and a representation oi which appears in the paper annexed 
hereto, 

The said trade-mark is used in respect of the description of goods following, that is to say (specify 
goods). 

Dated this day of is.. .. 

(Signature, all names in full.) 



FORM OF POWER OF ATTORNEY. 

I, (here insert name, address and business, exactly as in the declaration), do hereby retain, consti- 
tute and appoint (leave blank) 

as my agent and attorney for the purpose of registering the trade-mark hereto annexed, and I 
authorize him to sign my name to such papers and writings, and do such acts regarding the same as 
may be necessary or expedient. 

Dated this day of is.. .. 

(Signature, all names in full.) 



INDIAN COPYRIGHTS. 



13 



COPYRIGHTS 



LAWS :-5 and 6 Victoria, chapter 45, and Act XXV. of 1867. 
Total Cost of Registration 



.$12 50 



Who may obtain Copyright— The author or proprietor of any book, encyclo- 
paedia, review, magazine, periodical work or work published in series or parts, may 
obtain copyright protection in India. 

The word " book " is defined by the law to include every volume, part or division of a 
volume, and pamphlet, in any language, and every sheet of music, map, chart or plan, 
separately printed or lithographed. An application for copyright protection may be 
made at any time. 

Duration. — The duration of a copyright for a book published in the lifetime of its 
author is for the author's natural life, and for seven years after his death, if less than 
47 years in all — in all other cases, for 42 years from the first publication in India. Copy- 
rights for encyclopaedias, reviews, magazines, periodical works, or works published in 
series or parts, when the application is made by a proprietor instead of the author, 
endure for 28 years. 



DOCUMENTS REQUIRED TO OBTAIN REGISTRATION. 

1. Application. — May be written on any paper. Must be signed by the applicant, 
whose signature should be attested by two witnesses. It need not be notarialized nor 
otherwise legalized. 

2. Four copies of the book, map or engraving to be copyrighted. 

3. Power of Attorney.— In the same general form as for Patents, inserting the 
words, "the Registration of a Copyright," for the words, " an Exclusive Privilege or 
Letters Patent," wherever they occur. 



FORM OF APPLICATION. 



TO 



Sir 



I (insert full name, address and occupation of applicant), do hereby declare that I am the 
{proprietor, or author and proprietor) of the copyright of a book entitled (here insert title in full), 
and I request that an entry may be made in the register book of the office of the Secretary to the 
Government of India, Home Department, of my proprietorship of such copyright, according to the 
following particulars : 



Time of 
Making the 

Entry. 



Title of Book. 



Name of the 

Publisher and Place 

of Publication. 



Name and Place 

of Abode of the 

Proprietor of the 

Copyright. 



Date of 

First 

Publication. 



Dated this. 
Witnesses : 



.day of 18 



(Signature, all names in full.) 



14 THE NEW INDIAN PATENT LAW. 

ACT No. V. of 1888. 

{From Official Gazette of India, March 17, 1888.) 

THE INTENTIONS AND DESIGNS ACT, 1888. 



GOVERNMENT OF INDIA. 



LEGISLATIVE DEPARTMENT. 



The following Act of the Governor General of India in Council received the assent 
of His Excellency the Governor General on the 16th March, 1888, and is hereby promul- 
gated for general information : 

CONTENTS. 

Sections. 

1. Title, extent and commencement. 

2. Repeal. 

3. Division of Act into Parts. 



PART I. 

INVENTIONS. 

4. Definitions. 

5. Application for leave to file specification. 

6. Order to file specification. 

7. Applications in respect of contemporaneous inventions. 

8. Acquisition and continuance of exclusive privilege. 

9. Form and contents of specification. 

10. Mode of filing application and specification. 

11. Delivery and distribution of copies of specification. 

12. Register of inventions. 

13. Address-book. 

14. Provisions with respect to the register and book. 

15. Extension of exclusive privilege. 

16. Imposition of conditions with respect to exclusive privilege. 

17. Exclusive privilege to bind the Government. 

18. Application for leave to file memorandum or amended specification. 

19. Effect of amended specification. 

20. Bar to exclusive privilege in certain cases. 

21. Novelty of invention dependent on public use or knowledge thereof before 

application to file specification. 

22. Effect of public use or knowledge of invention in fraud of inventor. 

23. Effect of temporary use of invention in public by inventor or by his leave. 

24. Effect of public use or knowledge of patented invention between application for 

patent and application to file specification. 

25. Effect of like public use or knowledge of unpatented invention. 

26. Effect of public use or knowledge of invention after admission to an exhibition. 

27. Cessation of exclusive privilege by order of the Government. 



THE NEW INDIAN PATENT LAW. 15 

28. Cessation of exclusive privilege on revocation or expiration of patent. 

29. Suit for infringement of exclusive privilege. 

30. Application to declare exclusive privilege in respect of an invention not to have 

been acquired. 

31. Like application as to part of an invention. 

32. Security for costs of application under either of the two last foregoing sections. 

33. Application on breach of condition 

34. Notice of proceedings to persons interested. 

35. Framing issue for trial before other Court. 

36. Order on application. 

37. Delivery of particulars. 

38. Title of actual inventor to exclusive privilege in case of fraud. 

39. Transmission of copies of decrees and orders to Secretary. 

40. Registration of cessation of exclusive privilege. 

41. Rectification of register of inventions or address-book. 

42. Power to High Court to stay proceedings on or dismiss certain applications. 

43. Power for Governor General in Council to require grant of licenses. 

44. Assignment for particular places. 

45. Subscription of specifications and applications. 

46. Verification of applications. 

47. Agents. 

48. Fees. 

49. Rules and forms. 



PART II. 

DESIGNS. 

50. Definitions. 

51. Application for order for registration of design. 

52. Registration in register of designs. 

53. Acquisition of copyright. 

54. Marking registered designs. 

55. Effect of exhibiting unregistered designs at exhibitions. 

56. Mutation of names in register of designs. 

57. Suit for infringement of copyright. 

58. Registration of cessation of copyright. 

59. Rectification of register of designs. 

60. Power to High Court to stay proceedings on or dismiss application for rectifica- 

tion of register. 

61. Application to this Part of certaiu provisions of Part I. 

62. Fees. 

63. Rules and forms. 



THE FIRST SCHEDULE.— Enactments repealed. 

THE SECOND SCHEDULE.— Application where Patent has not been 

OBTAINED. 

THE THIRD SCHEDULE. — Application where Patent has been obtained. 

THE FOURTH SCHEDULE.— Fees (Inventions). 

THE FIFTH SCHEDULE. — Application for order for Registration of Design. 

THE SIXTH SCHEDULE.— Fees (Designs). 



An Act to consolidate and amend the law relating to the Protection of Intentions and Designs. 

Whereas, it is expedient to consolidate and amend the law relating to the protection 
of inventions and designs ; it is hereby enacted as follows :— 

1 (1). This Act may be called the Inventions and Designs Act, 1888. 
_,„ _, (2.) It shall extend to the whole of British India ; and 

Title, extentand commence- (3) It sha u come i nt0 force on the first day of July, 

1888. 



16 THE NEW INDIAN PATENT LAW. 

2 (1). The enactments described in the first schedule are hereby repealed to the 

extent specified in the third column thereof. 

Repeal. (2.) But this repeal of enactments shall not affect any 

exclusive privilege acquired, or any conditions or restrictions 

imposed with respect to any such privilege, or any right or liability accrued or incurred, 

under any of those enactments before the commencement of this Act, or any relief in 

respect of any such privilege, right or liability. 

(3.) Any enactment or document referring to any enactment hereby repealed shall 
be construed to refer to this Act or to the corresponding portion thereof. 

3 The remainder of this Act is divided into Parts, as 
Division of Act into Parts. f H ows • 

PART I.— Inventions. 
PART II.— Designs. 



PART I. 
INVENTIONS. 

4. In this Part, unless there is something repugnant in the subject or context, — 
(1.) " invention" includes an improvement : 
Definitions. (2.) "inventor " does not include the importer into British 

India of a new invention unless he is the actual inventor : 

(3.) " applicant" means a person who has applied under this Part for leave to file 
a specification of an invention, whether he has filed the specification or not : 

(4.) "assign" includes a grantee of the exclusive privilege of making, selling or 
using an invention, or of authorising others so to do, during the term for which the 
privilege is to continue or may be extended, or for any shorter term : 

(5.) "inventor," " actual inventor" and " applicant" include the executors, admin- 
istrators or assigns of an inventor, actual inventor and applicant, as the case may be : 

(6.) "manufacture" includes any art, process or manner of producing, preparing 
or making an article, and also any article prepared or produced by manufacture : 

(7.) "write" includes print, lithograph, photograph, engrave, and every other mode 
in which words or figures can be expressed on paper or on any substance : 

(8.) " Secretary" means a Secretary to the Government of India appointed by the 
Governor General in Council to discharge the functions of the Secretary under this Act. 
and includes any under-secretaiy, assistant-secretary or other officer subordinate to the 
Government of India to the extent to which such officer may be authorised by general or 
special order of the Governor General in Council to discharge any of those functions : 

(9.) "District Court" has the meaning assigned to that 
expression by the Code of Civil Procedure : and 

(10.) "High Court" has the meaning assigned to that 
X of 1S82. expression by the Code of Criminal Procedure, 1882, in refer- 

ence to proceedings against European British subjects. 

5 (1). The inventor of a new manufacture, whether he is a British subject or not, 
Application for leave to may apply to the Governor General in Council for leave to file 
file specification. a specification thereof. 

(2.) The application must be in writing signed by the applicant and in the form or 
to the effect of the second schedule if the inventor has not obtained a patent in the 
United Kingdom, and in the form or to the effect of the third schedule if he has obtained 
a patent in the United Kingdom. 



XTV Of 1SS2. 



THE NEW INDIAN PATENT LAW. 17 

(3.) It must state the name, occupation and address of the applicant, and, where a 
patent has been obtained in the United Kingdom, the date of the patent and the date of 
the actual sealing thereof, and must describe with reasonable precision and detail the 
nature of the invention, and of the particular novelty whereof it consists, and be supple- 
mented by such further particulars relating to the* invention, and by such drawings or 
photographs illustrative thereof, as the Governor General in Council may see fit to 
require from the applicant. 

(4.) If in any case it appears to the Governor General in Council that an applica- 
tion ought to be further supplemented by a model of anything alleged to constitute an 
invention, he may require the applicant to furnish such a model neatly and substantially 
made of durable material and of dimensions not exceeding those, if any, specified in the 
requisition therefor. 

6 (1). Upon an application under the last foregoing section the Governor General 

in Council may, after such inquiry as he thinks fit, make an 
order to file specification. # order authorising the applicant to file a specification of the 
invention. 

(3.) Before making an order under sub-section (1), the Governor General in Council 
may direct that the application be referred for inquiry and report to any person whom 
he thinks fit. 

(3.) When such enquiry and report are made by a person who is not in the service 
of the Government, there shall be payable to that person by the applicant such fee as 
the Governor General in Council, after considering the report, may determine. 

(4.) When an application is to be referred to such a person, the applicant shall 
deposit, in such place and within such time as the Governor General in Council may 
by rule or otherwise prescribe, such sum as will, in the opinion of the Secretary, be 
sufficient to defray any fee which is likely to be determined under sub-section (3). 

(5.) If the sum is not deposited in the place and within the time prescribed, the 
application may be rejected. 

(6.) If the fee as determined by the Governor General in Council exceeds the sum 
so deposited, an order shall not be made under sub-section (1) until the applicant has 
paid the balance of the fee. 

(7.) If the sum deposited exceeds the fee so determined, the excess shall be refunded 
to the applicant. 

7 (1). If two or more inventors apply on the same day for leave to file specifications 

of inventions which appear to the Governor General in Council 
cotffm^S)S r i^ e iSoM. to be identical or so similar as to be practically identical, the 

Governor General in Council may, in his discretion, authorise 
both or all the applicants, subject to the other provisions of this Part, to file specifications 
of their respective inventions. 

(2.) If they apply on different days for leave to file specifications of such inventions 
as aforesaid, the applicant who applied on the first of the different days shall be deemed 
to have a preferential claim to an order authorising the filing of his specification. 

8 (1). If within six months from the date of an order under section 6, sub-section (1), 

or within such further time, not exceeding three months, as 
ance o/exctostve privilege. ' tlie Governor General in Council, in his discretion, may, on 

cause shown to his satisfaction and on payment of the fee 
prescribed in that behalf in the fourth schedule, see fit to allow, the applicant causes a 
specification of his invention to be filed in manner by this Part required, and the fee 
prescribed in the fourth schedule in respect of the filing of the specification to be paid, 
the applicant shall, subject to the other provisions of this Part, be entitled to the exclusive 
privilege of making, selling and using the invention in British India, and of authorising 
others so to do, for a term of fourteen years from the date of the filing of the specifica- 
tion. 

(2.) But an exclusive privilege in respect of an invention of a new manufacture 
shall, notwithstanding anything in sub-section (1), cease if the inventor fails to pay, 
within the time limited in that behalf by the fourth schedule, any fee prescribed in that 
schedule in respect of the continuance of the privilege. 



18 THE NEW INDIAN PATENT LAW. 

(3.) If, nevertheless, in any case, by accident, mistake or inadvertence, an inventor 
fails to pay any such fee within the time so limited, he may apply to the Governor Gen- 
eral in Council for an enlargement of the time for making the payment. 

(4.) Thereupon the Governor General in Council may enlarge the time accordinglj-, 
on payment of the fee prescribed in that behalf in the fourth schedule and subject to 
the following conditions, namely : — 

(a) the time for making a payment shall not in any case be enlarged for more than 

three months ; and 

(b) if any suit is instituted in respect of an infringement of the exclusive privilege 

committed after a failure to make a payment" within the time limited for the 
making thereof and before the enlargement of that time, the Court disposing 
of the suit may, if it thinks fit, refuse to award or give any damages in 
respect of the infringement. 

t) (1). A specification filed under this Part must be in writing signed by the appli- 
_, . cant, and must set forth the precise invention in respect of 

Form and contents of specrfl- wMch the ftpplicant cMms l0 become entitled t0 au exclusive 

privilege. 

(2.) If the specification is of an invention which is an improvement only, it must by 
explicit language distinguish between what is old and what is claimed to be new. 

(3.) Every specification must explain the principle of the invention set forth therein 
and the best mode in which the applicant has contemplated applying that principle, and 
must describe the manner of making and using the invention in such full, clear, concise and 
exact terms as to enable any person skilled in the art or science to which the invention 
appertains, or with which it is most closely connected, to make or use the same. 

10- Every application for leave to file a specification, and every specification filed 
_, under this Part, must be left with, or sent by post to, the 
Mode of HMn-applK-ation and SecretarVj and the date of the delivery or receipt thereof shall 
be endorsed thereon and recorded in his office. 

11 (1). At the time of delivering or sending the specification for the purpose of its 

being filed, the applicant shall cause to be delivered or sent 
^ 1 c V o15'ies a o?sp?cin?atioS ° f therewith to the Secretary as many copies thereof, not being 

fewer than four, as may be required b}' the rules for the time 

being in force under this Part. 
(2.) One of these copies shall be retained by the Secretary, and one shall be sent to 
the Governor of Fort St. George in Council, one to the Governor of Bombay in Council, 
one to the Chief Commissioner of Burma, and the others, if any, to such authorities as 
the Governor General in Council may appoint in this behalf. 

(3.) The copies of the specification which are sent under sub-section (2) to the 
authorities mentioned or referred to in that sub-section shall be open to the inspection of 
any person at all reasonable times at places to be appointed by those authorities. 

12 (1). A book, to be called the register of inventions, shall be kept in the office of 

the Secretary wherein shall be entered and recorded every 
Register of inventions. application for leave to file a specification, every order made 

on any such application, every specification filed in pursuance 
thereof, and every subsequent proceeding relating to the invention described therein. 

(2.) Applications for leave to file a specification shall be numbered consecutively in 
the order in which thev are delivered or received, and be dated as of the day of their 
delivery or receipt, and shall be entered in. the register of inventions in the order of their 
respective numbers. 

(3.) A reference shall be made in that register, in the margin of the entry of each 
application, to every order on or in respect of the application, to the specification, if any, 
filed in pursuance thereof, and to every subsequent proceeding relating to the invention 
vrhich forms the subject of the application. 

13 (1). Another book, to be called the address-book, shall be kept in the office of 

the Secretary wherein any person filing a specification under 
Address-book. this Part, or any person in whom an exclusive privilege 

acquired under this Part, or any share or interest therein, 
rnav become vested, may from time to time cause to be stated some place in British 
India where notice of any rule or proceeding relating to the exclusive privilege may be 
served on him. 



THE NEW INDIAN PATENT LAW. 19 

(2.) A reference to each entry in the address-book shall be made in the register of 
inventions in the margin of the entry in that register of the application for leave to file 
the specification. 

11 (1). Every entry in the register of inventions or address-book, and every docu- 

L , ment entered and recorded in the register, shall, for the pur- 

^i°^S^db P ook P° ses of the law of evidence for the time being in force, be 

deemed to be a public document and shall be open to the 

inspection of any person at all reasonable times at the office of the Secretary. 

(2.) The books kept under section 11 and section 35 of Act No. XV of 1859 {an Act 
for granting exclusive Privileges to Inventors) shall be deemed to be parts of the register of 
inventions and address-book respectively. 

15 (1). The inventor of a new manufacture may, at any time not more than one 

year and not less than six months before the time limited for 

Extension of exclusive privi- the expiration of an exclusive privilege acquired under section 

lege. 8, apply to the Governor General in Council for an extension 

of the privilege for a further term. 

(2.) When an application is made under sub-section (1), The Governor General in 
Council may, if he thinks fit, refer it to a High Court for report. 

(3.) The Court to which the application is referred shall, in making its report, have 
regard to the nature and merits of the invention in relation to the public, to the profits 
made by the inventor as such, and to all the circumstances of the case. 

(4.) The procedure on the reference shall be such as the Court thinks fit, and may 
include the issue of citations calling upon persons claiming to have any interest in the 
reference to appear before the Court on the day on which the reference is to be con- 
sidered, or on any day to which the consideration thereof may be adjourned, and make 
with respect thereto any representation which they may see fit in relation to any of the 
matters to which the Court is required by the last foregoing sub-section to have regard 
in making its report. 

(5.) If the Governor General in Council is of opinion, or, where a reference has been 
made under sub-section (2), if the Court reports, that the inventor has been inadequately 
remunerated by his exclusive privilege, the Governor General in Council may, on pay- 
ment of the fee prescribed in that behalf in the fourth schedule, make an order extending 
the term of the privilege for a further term not exceeding seven or, in exceptional cases, 
fourteen years from the expiration of the first term of fourteen years. 

(6.) But an exclusive privilege of which the term has been extended under the last 
foregoing sub-section shall, notwithstanding anything in that sub-seclion, cease if the 
inventor fails to pay before the expiration of each year of such extended term the fee 
prescribed in the schedule aforesaid in respect of the continuance of the privilege. 

16. An order under section 6, sub-section (1), authorizing the filing of a specifica- 
.„ tion, or under section 15, sub-section (5), extending the term 
iSt toS°clSfv^rt5K of an exclusive Privilege, may be made subject to such con- 
ditions as the Governor General in Council thinks expedient. 

17 (1). Subject to any conditions imposed under the last foregoing section — 

(a) with respect to the filing, by a person employed in the 

Exclusive privilege to bind service of Her Majesty in India, of # the specification of 

tlie Government. a manufacture invented by him in the course of his 

employment, or 
(b) With respect to the extension, in favor of any person, of the term of an exclusive 

privilege, 
an exclusive privilege acquired under this Part shall have to all intents the like 
effect as against Her Majesty as it has against a subject. 

(2.) But the officers or authorities administering any department of the service of 
Her Majesty may, by themselves, their agents, contractors or others, at any time after 
the delivery or receipt of the application for leave to file the specification of an invention, 
use the invention for the services of the Government on terms to be before or after the 
use thereof agreed on, with the approval of the Governor General in Council, between 
those officers or authorities and the inventor, or, in default of such agreement, on such 
terms as may be settled by the Governor General in Council. 



20 THE NEW INDIAN PATENT LAW. 

18 (1). If, after the filing of the specification, the applicant has reason to believe 

that through mistake or inadvertence he has erroneously made 

Application for leave to file any mis-statement in his application or specification or in- 

?plcmca?ion m ° r amended eluded therein something which at the date of the delivery or 

receipt of his application was not new or whereof he was not 

the inventor, or that the specification is in any particular defective or insufficient, he may 

apply to the Governor General in Council for leave to file a memorandum pointing out 

the mis-statement or disclaiming any part of the alleged invention, or for leave to file 

an amended specification, as the case may be. 

(2.) The application must be in writing signed by the applicant, and must state how 
the error, defect or insufficiency occurred and that it was not fraudulently intended. 

(3.) Upon the application the Governor General in Council may make an order 
allowing the memorandum or amended specification to be filed. 

(i.) The provisions of section 6 with respect to applications, and of sections 9 and 11 
with respect to specifications and copies thereof, shall apply, so far as they can be made 
applicable, to applications and to amended specifications, respectively, made and filed 
under this section. 

19. An amended specification filed under the last foregoing section shall, except as 

to any suit or proceeding relating to the exclusive privilege 

Effect of amended specifica- whicn ma y be pending at the time of the filing of the amended 

tion. specification, have the same effect as if it had been the 

specification first filed. 

Provided that nothing in an amended specification shall be construed to extend or 

enlarge an exclusive privilege before acquired. 



20. A person shall not be entitled to an exclusive privilege under this Part- 

fa) if the invention is of no utility, or 
Bar to exclusive privilege in {b) if the inveDt ion, at the date of the delivery or receipt of 

the application for leave to file the specification thereof, 
was not a new invention within the meaning of this Part, or 

(c) if the applicant is not the inventor thereof, or 

(d) if the original or any amended specification does not fulfil the requirements of 

this Part, or 

(e) if the original or any subsequent application relating to the invention or the 

original or any amended specification contains a wilful or fraudulent mis- 
statement, or 
(/) if the application for leave to file the specification of the invention was made 
under this Part after the expiration of one year from the date of the acquisi- 
tion of an exclusive privilege in respect of the invention in any place beyond 
the limits of British India and the United Kingdom. 

21. An invention shall be deemed a new invention within the meaning of this Part 

Noveltvof invention depend- if 5t bas not before the date of the deli . vei T. or receipt of the 
Sonpufiic^orkSS?5- application for leave to file the specification thereof been 
edge thereof before appli- publicly used in any part of British India or of the L nited 
cation to file specification. Kingdom, or been made publicly known in any part of British 

India or of the United Kingdom by means of a written publication. 

22. The public use or knowledge of an invention before the date of the delivery or 

receipt of the application for leave to file a specification 
Effect of public use or knowl- thereof shall not be deemed a public use or knowledge within 
edge of invention in fraud the me a n ing of this Part if the knowedse has been obtained 
of inventor. surreptitiously or in fraud of the inventor or has been com- 

municated to the public in fraud of the inventor or in breach of confidence : 

Provided that the inventor has not acquiesced in the public use of his invention and 
that, within six months after the commencement of that use, he applies for leave to file a 
specification. 



THE NEW INDIAN PATENT LAW. 21 

23. Use of an invention in public by the inventor thereof, or by his servant or agent, 

or by any other person by his license in writing, for a period 
Effect of temporary use of in- not exceeding one year immediately preceding the date of the 
to? ol ? byVs U ieave *" delivei T or receipt of his application for leave to file a speci- 

fication thereof, or knowledge of the invention resulting from 
such use thereof in public, shall not be deemed a public use or knowledge within the 
meaning of this Part. 

24. If an inventor who has obtained a patent for his invention in the United King- 

dom causes an application for leave to file a specification of 
Effect of public use or knowl- the invention under this Part to be delivered or received by 
edge of patented invention the Secretary within twelve months from the date of the 
SeT n and aP a% C 5Sn To *^™} ^}*£ °f «* Patent, the invention shall be deemed a 
file specification. new invention within the meaning of this Part if it was not 

publicly used or known in any part of British India at or be- 
fore the date of the application for the patent, notwithstanding that it may have been 
publicly used or known in some part of British India or of the United Kingdom before 
the date of the delivery or receipt of the application under this Part for leave to file the 
specification. 

25. If an inventor applies for leave to file a specification under this Part while his 

application for a patent is pending in the United Kingdom, 
Effect of like public use or and the interval between the date of his application for the 
fnventlof. 6 ° f unpatented patent and the date of the delivery or receipt of his applica- 
tion under this Part does not exceed twelve months, the 
invention shall not be deemed to have been publicly used, or made publicly known, 
within the meaning of this Part, by reason only of the invention having been used, or a 
description thereof having been published, in any part of British India or of the United 
Kingdom during the interval. 

26. If an inventor, being the exhibitor of his invention at an industrial or interna- 

tional exhibition, certified as such by the Governor General in 

Effect of public use or knowl- Council, causes an application for leave to file a specification 

mission to^an exmbitkm^* of the invention to be delivered to or received by the Secretary 

within six months from the date of the admission of the in- 
vention into that exhibition, the invention shall not be deemed to have been publicly 
used, or made publicly known; within the meaning of this Part, by reason only of the 
invention having at any time after admission into the exhibition been publicly used or 
made publicly known. 

27 (1). An exclusive privilege acquired under this Part shall cease if the Governor 

General in Council declares the privilege, or the mode in 
Cessation of exclusive privi- which it is exercised, to be mischievous to the State, or gen- 
emment r erallv prejudicial to the public. 

(2.) It shall also cease if a breach of any condition on 
which the applicant was authorised to file a specification, or on which the term of the 
exclusive privilege was extended, is on an application under this Part to a High Court 
proved to the satisfaction of that Court, and if the Governor General in Council there- 
upon declares the privilege to have ceased. 

28 (1). An exclusive privilege acquired under this Part in respect of an invention for 

which a patent has been obtained in the United Kingdom 
Cessation of exclusive privi- s hall cease on the revocation or expiration of the patent, 
lege on revocation or ex- , . * . . 

piration of patent. (2.) Such a privilege in respect of an invention for which 

a patent has not been obtained in the United Kingdom shall 
cease on the revocation or expiration of any patent or exclusive privilege which has been 
obtained or acquired for or in respect of the invention in any other country. 

29 (1). An inventor may institute a suit in the District Court against any person 

who, during the continuance of an exclusive privilege ac- 
Suit for infringement of ex- quired by him under this Part in respect of an invention, 
elusive privilege. makes, sells or uses the invention without his license, or 

counterfeits or imitates it. 



22 THE NEW INDIAN PATENT LAW. 

(2.) The suit shall not be defended upon the ground of any defect or insufficiency of 
the specification of the invention, or upon the ground that the original or any subsequent 
application relating to the invention, or the original or any amended specification, con- 
tains a wilful or fraudulent mis-statement, or upon the ground that the invention is of 
no utility : 

(3.) Nor shall it be defended upon the ground that the plaintiff was not the inventor, 
unless the defendant shows that he himself is the actual inventor or has obtained from 
the actual inventor a right to make, sell or use the invention, or to counterfeit or imitate 
it, as the case may be : 

(4). Nor shall it be defended upon the ground that the invention was not new, unless 
the defendant, or some person through whom he claims, has, before the date of the 
delivery or receipt of the application for leave to file the specification, publicly or actu- 
ally used in some part of British India or of the United Kingdom the invention or that 
part of it with respect to which the exclusive privilege is alleged to have been infringed. 

30. Any person may apply to a High Court for a rule to show cause why the Court 
Application to declare ex- should not declare that an exclusive privilege in respect of an 

elusive privilege in'respect invention to be specified in the rule has not been acquired 
of an invention not to Have under this Part by reason of all or any of the objections 
Deen acquired. following (to be specified in the rule), that is to say :— 

(a) that the invention is of no utility, or 

{b) that the invention was not, at the date of the delivery or receipt of the application 
for leave to file the specification, a new invention within the meaning of this 
Part, or 

(c) that the applicant was not the inventor thereof, or 

(d) that the original or any amended specification does not fulfil the require- 

ments of this Part, or 

(e) that the applicant has knowingly or fraudulently included in the application for 

leave to file the specification or in the original or any amended specification, 
as part of his invention, something which was not new or whereof he was not 
the inventor, or 

(/) that the original or any subsequent application relating to the invention, or the 
original or any amended specification, contains a wilful or fraudulent mis- 
statement, or 

(g) that some part of the invention, or the manner in which that part is to be made 
and used, as described in the original or any amended specification, is not 
thereby sufficiently described, and that this insufficiency was fraudulent and 
is injurious to the public. 

31. Any person may apply to a High Court for a rule to show cause why the Court 

should not declare that an exclusive privilege in respect of 
L ?f e an 1 fnv C en t t?on aS t0 Pait anv P art of an invention, to be specified in the rule has not 

been acquired under this Part, by reason of all or any of the 
objections following (to be specified in the rule) that is to say :— 

(a) that that part of the invention is wholly distinct from the other parts thereof and 

is of no utility, or 

(b) that that part of the invention was not, at the date of the delivery of receipt of 

the application for leave to file the specification, a new invention within the 
meaning of this Part, or 

(c) that the applicant was not the inventor of that part of the invention, or 

(d) that that part of the invention, or the manner in which it is to be made and used, 

is not sufficiently described in the original or any amended specification, and 
that this insufficiency is injurious to the public. 

32. The High Court may, irrespective of any provisions of the Code of Civil Pro- 

cedure in this behalf, require a person applying for a rule 

Se cation 'under^ittiCTOl un der either of the two last foregoing sections to give secu- 

the two last foregoing sec- rity f° r the payment of all costs incurred or likely to be in- 

tions. t curred by any person appearing to show cause against the 

XIV of 1SS2. rule. 



THE NEW INDIAN PATENT LAW. 23 

33 (1). Any person authorised by the Governor General in Council in this behalf 

may apply to a High Court for a rule to show cause why the 
A ?Snditi 1 o°n ° n question of the breach of any condition on which leave to file 

a specification has been granted, or any other question of fact 
on which the cessation of an exclusive privilege under section 27 may, in the judgment 
of the Governor General in Council, depend, should not be tried in the form of an issue 
directed by the Court. 

(2.) If the rule is made absolute, the Court, unless the breach or other matter of fact 
is admitted, may direct the issue to be tried and certify the result of the trial to the 
Governor General in Council. 

34 (1). Notice of any rule obtained or proceeding taken under section 30, section 

31 or section 33 shall be served on all persorjs appearing 
hereon? interested t0 f rom the address-book to be proprietors of the exclusive 

privilege, or to have shares or interests therein, and it shall 
not be necessary to serve the notice on any other person. 

(2.) The notice shall be deemed to be sufficiently served if a copy thereof is left at 
the place for the time being stated in the address-book, by delivering the copy to any 
person resident at or in charge of the place or if there is no person resident at or in 
charge of the place, or if the place is not within the local limits of the jurisdiction of the 
Court, by causing the notice to be sent to the place by post by a registered letter directed 
to the person to whom the notice is addressed. 

35 (1). The High Court may, if it thinks fit, direct an issue for the trial, before 

itself or any other High Court, or any District Court, of any 
Framing- issue for trial be- question of fact arising upon an application under section 30, 
fore other Court. section 31 or section 33, and the issue shall be tried accord- 

ingly. 
(2.) If the issue is directed to another Court, the finding shall be certified by that 
Court to the Court directing the issue. 

(3.) If the issue is directed to a District Court, the finding of that Court shall not be 
subject to appeal, but the evidence taken upon the trial shall be recorded, and a copy 
thereof, certified by the Judge of the Court, shall be transmitted, together with any 
remarks which he may think fit to make thereon, to the High Court, and the High Court 
may thereupon act upon the finding of the District Court, or dispose of the application 
upon the evidence recorded, or direct a new trial, as the justice of the case may require. 

36 (1). If it appears to the High Court at the hearing of an application under sec- 

tion 30 or section 31 that, by reason of any of the objections 
Order on application. specified in the rule, the exclusive privilege in the invention or 

in any part thereof has not been acquired, the Court shall make an order accordingly, 
and thereupon the applicant shall, so long as the order continues in force, cease to be 
entitled to the exclusive privilege. 

(2.) If it appears to the High Court, at the hearing of any such application as last 
aforesaid that the applicant has, in the description of his invention in the application for 
leave to file a specification thereof or in the original or any amended specification, 
erroneously included something which at the date of the delivery or receipt of 1he 
application for leave to file the specification was not new or whereof he was not the 
inventor, or that the specification is in any particular defective or insufficient, but that 
the error, defect or insufficiency was not fraudulently intended, the Court may adjudge 
the exclusive privilege to have been acquired and to be valid, save as to the part thereof 
affected by the error, defect or insufficiency : or 

(3.) If it appears to the High Court that the error, defect or insufficiency can be 
amended without injury to the public, the Court may adjudge the exclusive privilege in 
respect of the whole of the invention to be valid, and may, upon such terms as it thinks 
reasonable, order the specification to be amended in any particular in which it is erro- 
neous, defective or insufficient ; and thereupon the applicant shall, within a time to be 
limited by the Court for the purpose, file in the office of the Secretary a specification 
amended according to the order. 

(4.) The provisions of section 18 with respect to the distribution and disposal of 
copies of amended specifications, and of section 19 with respect to the effect of such 
specifications, shall apply, so far as they can be made applicable, to an amended specifi- 
cation filed under this section. 



24 THE NEW INDIAN PATENT LAW. 

(5.) An exclusive privilege in respect of an invention shall not be defeated upon the 
ground that the application for leave to file the specification of the invention contains a 
mis-statement, unless the mis-statement was wilful or fraudulent. 

37 (1). In a suit for the infringement of an exclusive privilege acquired under this 

Part the plaintiff shall deliver with his plaint particulars of the 

Delivery of particulars. breaches complained of in the suit, and the defendant shall 

deliver a written statement of the particulars of the grounds, if 

any, upon which he means to contend that the plaintiff is not entitled to an exclusive 

privilege in respect of the invention. 

(2.) In like manner, upon an application to a High Court under section 80, section 31 
or section 33, the person making the application shall deliver particulars of the objections 
•or grounds on which he means to rely. 

(3.) At the hearing of any such suit or application, or at the trial of any issue arising 
•out of any such application, evidence shall not be allowed to be given in proof of any 
breach of the exclusive privilege, or of any ground impeaching the validity of that 
privilege, or of any objection or ground affecting such a privilege, unless such breach or 
other matter as aforesaid has been stated in the particulars delivered under this section. 

(4.) If it is alleged that the invention was publicly used or known before the date of 
the delivery or receipt of the application for leave to file the specification thereof, the 
places where and the manner in which the invention was so publicly used or known 
shall be stated in the particulars. 

(5.) Notwithstanding anything in the foregoing portion of this section, the Court 
in which the suit or application is pending, or an issue arising out of the application is 
being tried, may allow the plaintiff or defendant respectively to amend the particulars 
delivered under this section upon such terms as it thinks fit. 

3S. If, in a suit instituted in the District Court at any time within fourteen years 
from the date of the filing of a specification of an invention 
Title of actual inventor under this Part, the actual inventor proves to the satisfaction 
case e ot fi-aud. prmIege m of the Court that the applicant was not the actual inventor, 
and that at the time of the application for leave to file the 
specification the applicant knew or had reason to believe that the knowledge of the 
invention was obtained by himself or by some other person surreptitiously or in fraud of 
the actual inventor, or by means of a communication made in confidence by the actual 
inventor to him or to any person through whom he derived the knowledge, the Court 
may make a decree declaring an exclusive privilege in respect of the invention to be 
vested, subject to the other provisions of this Part, in the actual inventor for a term of 
fourteen years from the date on which the specification was filed, and requiring the 
applicant to account for and pay over to the actual inventor the profits derived by him 
from the invention or so much of those profits as the Court, having regard to the degree 
of diligence exerted by the actual inventor in proceeding umder this section and to all 
the other circumstances of the case, may see fit to require the applicant to pay. 

39. A Court making a decree in a suit under section 29 or section 38, or an order 

on an application under section 30. section 31 or section 33, 

Transmission of copies shall send a copy of the decree or order, as the case may be, 

sLrSaryf erS t0 to tne Secretary, who shall cause an entry thereof and reference 

thereto to be made in the register of inventions and against 

any entry in the address-book affected thereby. 

0f5fflS5S?^Sr ttm 40. In the following cases, namely :- 

(a) when an exclusive privilege acquired under this Part has ceased under section 8 

or section 15 by reason of a fee in respect of the continuance of the privilege not 
havin«: been paid within the time limited by the fourth schedule for the pay- 
ment thereof, and the period, if any, within which an order might have been 
made for enlarging the time for the making of the payment has expired ; 

(b) when an exclusive privilege acquired under this Part has been declared by the 

Governor General in Council under section 27 to have ceased ; 

(c) when an exclusive privilege acquired under this Part has ceased under sec- 

tion 28 by reason of the revocation or expiration of a patent or exclusive 
privilege ; 



THE NEW INDIAN PATENT LAW. 25 

(d) when the whole or any part of an exclusive privilege acquired under this 

Part has ceased under section 36 in consequence of an order under that 
section ; 

(e) when an exclusive privilege has been declared by a decree to have vested in an 

actual inventor under section 38 ; 
(/) when an exclusive privilege acquired under this Part has ceased by reason of 
the expiration of the term for which it was acquired ; 
the Secretary shall cause an entry with respect to the cessation or vesting of the 
exclusive privilege to be made in the register of inventions, and a reference to that entry 
to be made in the margin of the entry in that register of the application for leave to file 
the specification of the invention. 

41 (1). If any person is aggrieved by an entry in the register of inventions or address- 
book, or by the omission of an entry therefrom, and a pro- 
Rectification of register ceeding is not provided in the foregoing portion of this Part 
iToo'k ° r address " whereby the register or book may be rectified, he may apply 

to a High Court for an order for the rectification of the register 
or book, and the Court may make such order on the application as it thinks fit. 

(2.) A copy of the order shall be forwarded by the Court to the Secretary, who shall 
cause an entry thereof and reference thereto to be made in the register of inventions and 
against any entry in the address-book affected thereby. 

(3.) When the Secretary is a party to an application under this section, the costs of 
another party thereto shall not be adjudged to be payable by the Secretary. 

42. A High Court to which an application has been made under section 30, section 31, 

section 33 or section 41 may stay proceedings on, or dis- 
stay proceedings on or miss, the application if in its opinion the application would 
dismiss certain applica- be disposed of more justly or conveniently by another High 
tioas - Court. 

43. If on the petition of any person interested it is proved to the Governor General 
Power for Governor Gen- m Council that, by reason of an inventor who has acquired an 

eral in Council to require exclusive privilege under this Part failing to grant Ik enses on 
grant of licenses. reasonable terms,— 

(a) the exclusive privilege is not being worked in British India, or 

(b) the reasonable requirements of the public with respect to the invention cannot 

be supplied, or 

(c) any person is prevented from working or using to the best advantage an inven- 

tion of which he is possessed, 
the Governor General in Council may order the inventor to grant, or may himself 
on behalf of the inventor grant, licenses on such terms as to the amount of royalties, 
security for payment, or otherwise, as the Governor General in Council, having regard to 
the nature of the invention and the circumstances of the case, may deem just. 

44. Any person for the time being entitled to an exclusive privilege under this Part, 

or to any share or interest in such a privilege, in any local area 
Assignment for particu- may, subject to the conditions of his title thereto, assign the 
lar places. privilege or such share or interest, as the case may be, for any 

place in or part of that local area. 

45. If an applicant is absent from British India, an application for leave to file a 

specification, or a specification, or an application for leave to 
tions Tand ^^ppUc^atlons flle a memorandum or amended specification, may, instead of 

being signed by the applicant under section 5, section 9 or sec- 
tion 18, as the case may be, be signed on behalf of the applicant by an agent in British 
India authorised by him in writing in that behalf. 

46 (1). An application under this Part for leave to file a specification, memorandum 
or amended specification must be verified by the person 
Verification of applications. making the ap ^ lication . 

(2.) If that person is absent from British India, the application may be verified by 
the agent who signs the application on his behalf. 



26 THE NEW INDIAN PATENT LAW. 

(3.) The verification must be signed by the person making it, and must be to the 
effect that the facts stated in the application are true to his knowledge, except as to 
matters stated on information and belief, and that as to those matters he believes them to 
be true. 

47. Subject to the provisions of the two last foregoing sections and of any other 

enactment for the time being in force, any act which is 

Agents. required or authorised by this Part to be done by any person 

may be done on his behalf by an agent in British India having authority in writing from 

that person so to do the act. 

4S (1). There shall be paid in respect of the several pro- 
Fees, ceedings specified in the fourth schedule the fees in that 
schedule prescribed. 
(2.) The Governor General in Council may, if he thinks fit, reduce any of those fees 
and revoke or vary the reduction. 

(3.) The fees payable under this section shall be collected by means of stamps or 
otherwise as the Governor General in Council directs. 

(4) A proceeding in respect of which a fee is payable under the fourth schedule shall 
be of no effect unless the fee has been paid. 

49 (1). The Governor General in Council may make such rules and prescribe such 

forms as he thinks necessary for carrying out the purposes of 

Rules and forms. this Part, and may alter or amend either of the forms in the 

second and third schedules. 

(2.) Rules under this section may provide, among other matters, for the printing of 

specifications, memoranda and amended specifications, and for the distribution or sale 

of printed copies thereof. 



PART II. 
DESIGNS. 

t, ,, ... 50. In this Part, unless there is something repugnant in 

Definitions. ^ subject Qr conte ^ t> _ * P e 

(1.) " design" means some peculiar shape, configuration or form given to an article, 
or arrangement of lines or the like used on or with an article, but not the article itself : 
(2.) "copyright" means the exclusive right to apply a design to an article : 
(3.) the author of any new and original design shall be considered the " proprietor" 
thereof, unless he executed the work on behalf of another person for a good or valuable 
consideration, in which case that person shall be considered the " proprietor," and every 
person acquiring for a good or valuable consideration a new and original design, or the 
right to apply the same to an article, either exclusively of any other person or otherwise, 
and also every person on whom the property in the design or the right to the application 
thereof shall devolve, shall be considered the " proprietor" of the design in the respect in 
which the same may have been so acquired, and to that extent, but not otherwise : and 

(4.) "Secretary," " District Court" and " High Court " have the same meanings as in 
Part I. 

51 (1). Any person, whether a British subject or not, claiming to be the proprietor 
. . . of any new and original design not previouslv published in 

regStraUonVdes^gn? 1, British India may apply to the Governor General in Council 

for an order for the registration of the design. 

(2.) The application must be in writing in the form or to the effect of the fifth 
schedule, and must contain a statement of the nature of the design and be accompanied 
by as many copies of drawings, photographs or tracings thereof, not being fewer than 
four, as may be required by the rules for the time being in force under this Part. 

(3.) It must be left with, or sent by post to, the Secretary, and the date of the 
delivery or receipt thereof in the office of the Secretary shall be endorsed thereon and 
recorded in that office. 



THE NEW INDIAN PATENT LAW. 27 

52 (1). Upon the application the Governor General in Council may, after such 
Registration in register inquiry as he thinks fit, make an order authorizing the regis- 
of designs. tration of the design. 

(2.) When an order has been made under sub-section (1), the Secretary shall cause 
the design to be registered in a book to be kept by him for the purpose and to be called 
the register of designs. 

(3.) The date of registration shall be recorded in the register. 

53. When a design is registered, the proprietor thereof shall, subject to the other 

, .„ . ^ provisions of this Part, have copvright in the design during 

Acquisition of copyright. ^ yearg frQm thfi date of regis £ at f on> 

54 (1). Before delivery on sale of any article to which a registered design has been 

applied, the proprietor of the design shall cause the article to 

Marking registered designs, be marked with the word "registered" eilher in full or in 

an abbreviated form. 

(2. ) If he fails to cause the article to be so marked, the copyright in the design shall 

cease unless the proprietor shows that he took all proper steps to insure the marking of 

the article. 

55. If the proprietor of a design exhibited at an industrial or international exhibi- 

tion, certified as such by the Governor General in Council, 

Effect of exhibiting unregis- causes an application for an order for the registration of the 

Sons. designs at ex bl " design to be delivered to or received by the Secretary within 

six months from the date of the admission of the design into 
that exhibition, the design shall not be deemed not to be a new and original design not 
previously published in British India within the meaning of section 51 by reason only 
of the design having been exhibited at the exhibition. 

56. Any person in whom the copyright in a design has become vested may apply to 
,, ^ „ . . the Secretary for the entry of his name in the register of de- 
Mutation of jamesm register signs as p roprietor of the copyright, and the Secretary may, 

if he sees fit, cause the entry to be made. 

57 (1). The registered proprietor of a design may institute a suit in the Distr'ct 
„ 3J _ M . M . Court for the recovery of any damages arising from the appli- 
Suitforinfrrngementofcopy- cation by any person t0 any article of the design or of any 

fraudulent or obvious imitation thereof for the purpose of 
sale, or from the publication, sale or exposure for sale by any person of any article to 
which the design, or any fraudulent or obvious imitation thereof, has been applied, that 
person knowing or having reason to believe that the proprietor had not given his consent 
to such application. 

(2.) When the Court makes a decree in a suit under this section, it shall send a copy 
of the decree to the Secretary, who shall cause an entry thereof to be made in the register 
of designs. 

58 (1). When, from the expiration of the term of a copyright or from any other 

cause, the copyright in a design has ceased, the Secretary 
Registration tf cessation of ghall cauge an entry with respect t0 the cessat i n of the right 

to be made in the register of designs. 

59 (1). A High Court may, on the application of any person aggrieved by an entry 
„ i!a „ „ . ^ in the register of designs, or by the omission of an entrv 
Rectification .^register of therefr0 m, make such order for the rectification of the register 

as it thinks fit. 

(2.) An order under sub-section (1) may declare copyright in a design not to have 
been acquired. 

(3.) A copy of the order shall be forwarded by the Court to the Secretary, who shall 
cause an entry thereof to be made in the register of designs. 

(4.) When the Secretary is a party to an application under this section, the costs of 
another party thereto shall not be adjudged to be payable by the Secretary. 



38 



THE NEW INDIAN PATENT LAW. 



GO. A High Court to which an application has been made 

Power to High Court to stay under the last foregoing section may stay proceedings on, or 

proceedings on, or dismiss, dismiss, the application if, in its opinion, the application would 

o??egSer n 6 be disposed of more justly or conveniently by another High 

Court. 



Application to this Part of 
certain provisions of Part I. 



61. The provisions of the following; porticns of Part I, 
namely : — 

(a) section 11, with respect to copies of specifications, 

(b) section 14, with respect to the register of inventions and the matters entered 

therein, and 

(c) section 47, with respect to the performance by an agent of any act required or 
authorised by that Part to be done by a principal, 

shall, so far as they can be made applicable, apply, respectively, to — 

(a) copies of drawings, photographs or tracings accompanying an application for an 

order for the registration of a design in respect of which such an order has 

been made, 
(5) the register of designs and the matters entered and documents referred to therein, 

and 
(c) the performance by an agent of any act required or authorised by this Part to be 

done by a principal. 



62 (1). There shall be paid in respect of the several pro- 
Fees, ceedmgs specified in the sixth schedule the fees in that sche- 
dule prescribed. 
(2.) The Governor General in Council may, if he thinks fit, reduce any of those fees 
and revoke or vary the reduction. 

(3.) The fees payable under this section shall be collected by means of stamps or 
otherwise as the Governor General in Council may direct. 

(4.) A proceeding in respect of which a fee is payable under the sixth schedule shall 
be of no effect unless the fee has been paid. 

63. The Governor General in Council may make such rules and prescribe such 

forms as he thinks necessary for carrying out the purposes of 

Rules and forms. this Part, and may alter or amend the form in the fifth 

schedule. 



THE FIRST SCHEDULE. 

Enactments repealed. 

(See section 2.) 



Number and Year. 

XV. of 1859 

XIII. of 1872 

XVI. of 1883 

I. of 1879 



Subject or Title. 



Extent of Repeal. 



For granting exclusive privi- ' So much as has not been repealed. 

leges to Inventors. 
Patterns and Designs Pro- So much as has not been repealed. 

tection Act, IST'2. 
Protection of Inventions Act, j The whole. 
1883. 
Indian Stamp Act, 1879. Article 48, Schedule I. 



THE NEW INDIAN PATENT LAW. 29 

THE SECOND SCHEDULE. 

Application where Patent has not been obtained. 

(See sections 5 and 49.) 

To the Governor General in Council. 

The application of (here insert name, occupation and address) for leave to file a speci- 
fication under Part I of the Inventions and Designs Act, 1888. 

1. The applicant is in possession of an invention for (state the title of t7ie invention) ; 
he is the inventor thereof (or, as the case may be, the executor, administrator or assign of 
the inventor) ; and, to the hest of his information and belief, the invention is new within 
the meaning of Part I of the Inventions and Designs Act, 1888, and no circumstance 
exists which, if the applicant is authorised to file a specification and files it in accordance 
with that Part, will disentitle him to an exclusive privilege thereunder in respect of the 
invention. 

2. The following is a description of the invention (here describe it and the particular 
novelty whereof it consists). 

3. The applicant therefore applies for leave to file a specification of the invention 
pursuant to Part I of the Inventions and Designs Act, 1888. 

(Signature and verification. 



THE THIRD SCHEDULE. 

Application where Patent has been obtained. 

(See sections 5 and 49.) 
To the Governor General in Council. 

The application of (liere insert name, occupation and address) for leave to file a specifi- 
cation under Part I of the Inventions and Designs Act, 1888. 

1. The applicant (or, as the case may be, A. B. of whom the applicant is tlie executor, 
administrator or assign) has obtained a patent in the United Kingdom dated and sealed 

as of the day of , and actually sealed on the day of , 

for (state the title of the invention). 

2. To the best of the information and belief of the applicant, the invention is new 
within the meaning of Part I of the Inventions and Designs Act, 1888, and no circum- 
stance exists which, if the applicant is authorised to file a specification and files it in 
accordance with that Part, will disentitle him to an exclusive privilege thereunder in 
respect of the invention. 

3. The following is a description of the invention (here describe it and the part kubir 
novelty whereof it consists). 

4. The applicant therefore applies for leave to file a specification of the invention 
pursuant to Part I of the Inventions and Designs Act, 1888. 

(Signature and verification.) 



Us. 


a. p. 


10 





30 





20 






30 THE NEW INDIAN PATENT LAW. 

THE FOURTH SCHEDULE. 
Fees (Inventions). 
(See sections 8, 15 and 48.) 

(1) iu respect of an application for leave to file a specification (section 5) 

(2) in respect of the filing of a specification (section 8) 

(3) in respect of an extension of the time for filing a specification (section 8) 

(4) in respect of the continuance of an exclusive privilege (section 8) — 

(a) after the filing of the specification and before the expiration of the 

fourth year from the date of the filing thereof . . 50 

(b) after the expiration of the fourth 3-ear and before the expiration of 

the fifth year from that date . . . . 50 

(c) after the expiration of the fifth year and before the expiration of 

the sixth year from that date . . . . 50 

(d) after the expiration of the sixth year and before the expiration of 

the seventh year from that date . . . . 50 

(e) after the expiration of the seventh year and before the expiration of 

the eighth year from that date . . . . 50 

(/) after the expiration of the eighth year and before the expiration 

of the ninth year from that date . . . . 100 

(g) after the expiration of the ninth year and before the expiration of 

the tenth year from that date . . . . 100 

(h) after the expiration of the tenth year and before the expiration of 

the eleventh year from that date .... 100 

(a) after the expiration of the eleventh year and before the expiration 

of the twelfth year from that date . . . . 100 

(j) after the expiration of the twelfth year and before the expiration 

of the thirteenth year from that date . . . 100 

Provided that the inventor may pay the sum total of the said fees in respect 
of the continuance of the exclusive privilege, or any part thereof short 
of the sum total, at any time before the same falls due. 

(5) in respect of an enlargement of the time for payment of a fee under 

article (4) of this schedule (section 8) — 

(i) if the enlargement does not exceed one month . . 10 

(ii) if the enlargement exceeds one month, but does not exceed two 

months . . . . , . . 25 

(Hi) if the enlargement exceeds two months . . . 50 

(6) in respect of an application for an extension of an exclusive privilege for 

a further term (section 15; . . . . . 50 

(7) in respect of an order extending- the term of an exclusive privilege (sec- 

tion 15) . . 100 

(8) in respect of the continuance of an exclusive privilege of which the term 

has been extended (section 15) ..... 100 

to be paid be- 
fore the expir- 
ation of each 
year of the ex- 
tended term ; 
Provided that the inventor may pay the sum total of the said fees in re- 
spect of the continuance of the exclusive privilege, or any part thereof 
short of the sum total, at any time before the same falls due. 

(9) in respect of an application for leave to file a memorandum or amended 

specification (section 18) . . . . . 20 

(10) in respect of a petition to the Governor General in Council for a 

compulsory license (section 43) . . . . . 50 

(11) for the inspection of any book or other document which is open to 

inspection under Part I . . . . . .10 

(12) for copies — 

(a) when the number of words copied does not exceed four hundred 10 

(b) for every hundred words in excess of four hundred . . 4 

(c) of drawings or photographs ..... cost accord- 

ing to agree- 

(13) for certifying copies — ment. 

for every hundred words . . . . . .020 



THE NEW INDIAN PATENT LAW. 31 

THE FIFTH SCHEDULE. 

Application for Order for Registration of Design. 

(See sections 51 and 63.) 

The application of (here insert name, occupation and address) for an order for the 
registration of a design under Part II of the Inventions and Designs Act, 1888. 

1. The applicant claims to be the proprietor of the design of which the nature is 
hereinafter stated. 

2. To the best of his information and belief, that design is within the meaning of 
Part II of the Inventions and Designs Act, 1888, a new and original design not previously 
published in British India. 

3. copies of (drawings), (photographs), (tracings) of the design accompany this 
application. 

4. The following is a statement of the nature of the design (here describe its nature). 

5. The applicant therefore applies for an order for the registration of the design 
pursuant to Part II of the Inventions and Designs Act, 1888. 

(Signature.) 



THE SIXTH SCHEDULE. 

Fees 

(See section 62). 

Rs. a. p. 

(1) in respect of an application for an order for the registration of a design 

(section 51) . . . . . . . .10 

(2) in respect of a mutation of names in the register of designs (section 56) . 5 

(3) for the inspection of any book or other document which is open to 

inspection under Part II . . . . . ,10 

(4) for copies — 

(a) when the number of words copied does not exceed four hundred 

(b) for every hundred words in excess of four hundred 

(c) of drawings, photographs or tracings 

(5) for certifying copies — 

for every hundred words . . . . . .02 

S. HARVEY JAMES, 
Secretary to the Government of India. 



1 











4 





cost accoi 


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ing to 
ment. 


agree- 



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tfiSlw^y 0F CONGRESS 



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